Role of the administration in protecting the environment in Iraq

Abstract

Abstract

The rapid scientific progress witnessed by the world has had a significant impact on changing human lifestyles for the better. This development has provided significant services to humanity. However, everything has its drawbacks as well as its advantages. The drawback of scientific progress is the pollution of the environment, the surroundings with all its elements that enable humans to live and satisfy their needs. If this environment becomes polluted, human life becomes threatened by numerous hazards that affect their comfort and health, even affecting their lives. This has necessitated a global mobilization to address the problem of environmental pollution. Iraq was not isolated from this. As a result of the political circumstances it experienced, which led to changes in its economic and social circumstances, in addition to political circumstances, all of these led to the creation of a polluted environment that reached very high levels. This also required mobilization, perhaps to a much higher degree than in other countries of the world. Efforts to address this problem led to the establishment of a special Ministry of the Environment and the enactment of laws responsible for taking the necessary measures to protect the environment. But was this sufficient to protect the environment from pollution? Why do pollution rates continue to rise? This study attempts to determine the cause of the continued environmental pollution in order to propose solutions to this problem. The scope of this research is the current Environmental Law No. 27 of 2009 and its provisions for environmental protection in Iraq. The study adopted an inductive approach to the text of Environmental Law No. 27 of 2009 to determine the organization of the authorities responsible for environmental protection, the extent of their powers, and the penalties that can be imposed on environmental violators. The study relied on the constitutional text and relevant laws, in addition to books that assisted the study in accomplishing its task. The legal texts for environmental protection are not suitable for application in light of the state’s failure to fulfill its duty to satisfy the various needs of individuals. Individuals are forced to rely on themselves to satisfy their needs, which leads to increased environmental pollution. Achieving the public interest is one of the state's duties. If the state abandons its role in satisfying public needs, individuals will assume the responsibility of satisfying their own needs. The solution to such a problem is for the state, represented by the public administration, to satisfy the general needs of individuals. Then we can talk about protecting the environment and monitoring and punishing the various activities of individuals that pollute the environment.